183 



I thiiik that this and other committees of the Congress would want 

 to keep a very close eye on its administration. At the present time we 

 really have no control over ocean disposal in any effective sense. We 

 are recommending total regulation of all disposal offshore originating 

 from the United States. So it is a very broad authority and a very 

 basic shift., almost a revolutionary shift in the extent of our existing 

 authority. How it is in fact administered is exceedingly important. 

 We believe that this is a matter of urgency, that harmful 

 dumping should either be stopped or phased out as rapidly as possible 

 as a matter of urgency. 



Now if it turns out in effect that this is not being administered as 

 vigorously as you would desire, then 1 think that it would be entirely 

 appropriate for the Congres to set specific deadlines if it wished along 

 with other specific rules, but I do believe that in the meantime it is 

 very important to have a strong element of flexibility in the way this 

 is done. 



Mr. Kyros. But on section 7(c) there will be this kind of conflict. 

 As I see it, people want their harbors dredged, and Congressmen want 

 their own particular districts to get the dredging because of their 

 boating and fishing and commercial fishing. Then, on the other hand, 

 we have budgetary restraints which will prevent us from taking the 

 dredged spoils out so far to sea as we would like to in the optimum 

 situation. There will be a conflict. 



I am just wondering if you are going to have sufficient power, within 

 these restraints, to see that the dredging is done properly. 



Mr. Train, As you will note in section 7(c)(2), as I indicated the 

 Corps must in all of these cases go to the administrator of EPA and 

 get a certification, and I quote here from the bill, "that the activity 

 proposed to be conducted is in conformity with the provisions of this 

 act and with the regulations issued hereunder." 



That concludes the quote. 



Now I would say that is a requirement that would be enforcible 

 in the courts by injunctive proceedings and otherwise. So I think 

 there are very strong tools here. 



Mr. Kyeos. Thank you, Mr. Train. 



Thank you Mr. Chairman, 



Mr. Lbnnon. Mr. McCloskey. 



Mr. McCloskey. Thank you, Mr. Chairman. 



Mr. Train, on line 10 of page 3 I note that the — 



Mr. Train. Let me just add one point here. I am reminded that 

 under the bill before the Corps could in fact dump as a result of its 

 own dredging activities, they would have to go to EPA to get a permit. 

 So to that extent dredging is covered even more strongly than I have 

 indicated by speaking of the certification process. The certification 

 process primarily goes to the granting by the Corps of a permit to 

 some private party or municipality to conduct dredging. 



Mr. Lennon. Would the gentleman yield. 



Do I infer from what you said under existing regulations now the 

 Corps of Engineers does not not have to go to the Department of the 

 Interior or the Secretary or the Kegional Director of the Department 

 of Interior to get a permit for dredging ? 



Mr. Train. No, sir. Under the Fish and Wildlife Coordination Act 

 they get comment. 



